Benton County Transfer on Death Deed (Married Sole Owner with Spousal Joinder) Form

When one spouse holds Minnesota real property in that spouse's name alone, a transfer on death deed signed by the owner carries a second signature that transfers nothing: the other spouse's. Built on Minnesota Statutes, section 507.071, this deed is configured for a married sole owner and carries a joining-spouse block whose signature releases marital interests without making the spouse an owner.

A signature that releases but does not own

Section 507.071, subdivision 1, excludes from the terms grantor owner and owner a spouse who joins in a transfer on death deed solely to convey or release statutory or other marital interests. Subdivision 2 states what that joinder accomplishes: it is conclusive proof that, upon the transfer becoming effective, the spouse no longer has or can claim any statutory interest or other marital interest in the interest transferred. The deed's fixed text names the joining spouse in that capacity in Section 2 and repeats it in the operative section, so the signature reads as a release and never as a second owner's conveyance.

Why the spouse signs at all

Section 507.02 provides that if the owner is married, no conveyance of the homestead, outside the exceptions the section lists, is valid without the signatures of both spouses, and subdivision 2 makes the transfer on death deed subject to that section. Subdivision 3 adds the other side: a beneficiary takes subject to any claim by a surviving spouse who did not join in or consent in writing to the deed. The joining-spouse block answers both provisions on the face of the instrument.

One owner, one death, one trigger

The deed recites exactly one grantor owner, a married person and the sole owner of the described property, and conveys and quitclaims to the named grantee beneficiary or beneficiaries effective on the death of the grantor owner, in the operative words of the subdivision 24 form. Because the joining spouse is not a grantor owner, that spouse's death is not the trigger. The after-acquired property statement the statutory form prints with a single box appears as the statute prints it, unmarked on the blank form, and the guide describes the subdivision 21 rule for an unmarked box.

Each certificate names the other spouse

Minnesota Statutes, section 358.14, provides that spouses who join in and acknowledge an instrument are described in the certificate of acknowledgment in a manner indicating they are married to each other, and that where they acknowledge before different officers or at different times, each is described as the spouse of the other. This deed carries a separate certificate for the grantor owner and for the joining spouse, each with a spouse-of line under the acknowledger's name, built on the section 358.66 short form.

What the configuration recites

The form prints two signature blocks, GRANTOR OWNER and JOINING SPOUSE, two acknowledgment certificates, a fixed recital of marital status and sole ownership, and a fixed joinder sentence; the only selection it offers is the statutory form's own after-acquired box. Grantee beneficiaries may be natural persons, the trustee of a trust, or a qualified entity, taking in any tenancy the chapter allows. A homeowner who took title before the marriage, or who inherited the property in one name, presents the pattern this deed recites. The form is not set up as a deed signed by two owners, by an unmarried owner, or by an entity, trustee, or attorney-in-fact.

Recording in the county, before death

A Minnesota TOD deed, sometimes searched as a beneficiary deed, is valid only if recorded before the grantor owner's death in a county where at least part of the property lies, with the county recorder for abstract property or the registrar of titles for Torrens land. No auditor certification or certificate of real estate value accompanies it, the state deed tax does not reach it, and the deed carries the section 507.091 drafter statement and the two insurance warnings section 507.072 has required since August 1, 2024. After the owner's death, the affidavit of identity and survivorship and the county agency clearance certificate are prepared and recorded separately and are not part of this package.

Included in the package are the fillable transfer on death deed, a completed example worked through a realistic Dakota County fact pattern, and the guide covering each numbered section, the spousal joinder rules, the certificate description rule, and recording. The guide and this description explain the form and the statutes behind it in general terms only and are not legal advice.